15. (b) Without reasonable cause or justification fails to return the new identification or other related documents in accordance with these Regulations; or (c) Intentionally does or fails to do anything that impedes his protection measure or the protection measure of another protected person, commits an offence and shall, upon conviction, be liable to a fine of not less than Le10,000 (Ten Thousand Leones) or to imprisonment for a term not less than six months or both such fine and imprisonment. 26. Any person who, with intent, does anything that impedes the protection measure of a protected person commits an offence and shall, upon conviction, be liable to a fine of not less than Le20,000 (Twenty Thousand Leones) or to a term of imprisonment not less than one year or to both such fine and imprisonment. 27. A competent authority who becomes aware of a protected disclosure and fails to report the disclosure to the Commission or advises the whistleblower against making the disclosure to the Commission commits an offence and shall, on conviction, be liable to pay a fine of not less than Le20, 000 (Twenty Thousand Leones) or to a term of imprisonment not less than one year or to both such fine and imprisonment PART VI MISCELLANEOUS Confidentiality 28. (1) Any record or information relating to a protected person shall be treated and kept with utmost confidentiality. (2) Notwithstanding the provisions of sub-regulation (1), the Commission may disclose the information where: (a) A protected person or a former protected person consents to the disclosure; (b) A protected person or a former protected person has already disclosed the information;

16. (b) In the interest of justice, the evidence of the protected person or former protected person is necessary to establish the guilt or innocence of an accused in the criminal trial; or (d) the disclosure of information is necessary in the investigation of a criminal offence punishable with a sentence of not less than five years imprisonment or a fine of not less than Le50,000 (Fifty Thousand Leones) or both. (e) It is necessary to do so in the interest of national security. (f) For any other justifiable reason in the interest of the work of the commission, the commissioner deems it fit. (3) In determining whether or not to disclose information relating to a protected person, the Commissioner shall take into account the potential impact of the disclosure on the protected person or former protected person and availability of alternativ e measures other than disclosure. (4) A person or authority to whom an information is disclosed under this regulation shall use such information only for the purpose for which it has been disclosed.

13. PART IV REWARDS AND COMPENSATION Issuance of reward 20. (1) Subject to the provision of section 81 (3) of the Act, the Commission may reward a whistleblower who voluntarily provides original information to the Commission that leads to a successful discovery of an act of corruption or corrupt practice within or outside Sierra Leone. (2) The determination of the amount to be rewarded under sub-regulation (1) shall be at the discretion of the Commissioner. (3) A reward issued may be monetary or otherwise as the Commissioner may deem fit. Compensation for detrimental actions 21. (1) Where a whistleblower or witness has suffered detrimental action such as unlawful termination, demotion, or any other form of discrimination after the exposure of an act of corruption, the Commission may compensate him with a reasonable amount, or institute an action for damages on behalf of the whistleblower or pursue any other remedy as it deems fit. (2) Where the Commission succeeds in securing damages in lieu of detrimental action, the Court shall award to the Commission a cost of ten percent of the damages awarded to the whistleblower. (3) A person who is found culpable of a detrimental action shall, within twenty-one days effective from the court ’ s decision, resign from his position. (4) Where a person fails to resign under sub- regulation (3) he shall, within fourteen days effective from the expiration of the twenty-one days in sub- regulation (3), cease to occupy his position.

2. 21. Compensation for detrimental actions 22. Criteria for determination of reward 23. Procedure for issuance of reward 24. Denial of reward PART V OFFENCES 25. Offence by a protected person 26. Impeding protection measures 27. Offence by a competent authority PART VI MISCELLANEOUS 28. Confidentiality

11. the basis of information provided to it by the Commission. Consent for entering into legal obligation 15. (1) A protected person, whose identity has been concealed, may, for the purposes of furthering or securing the enforcement of his legitimate interest, enter into an agreement or assume a legal obligation upon obtaining a written consent of the Commissioner for that purpose. (2) A protected person whose identity has been concealed and who is desirous of entering into an agreement or assuming any legal obligation that is unrelated to his protection agreement shall request the written consent of the Commissioner. (3) Where, in the opinion of the Commissioner, granting consent under sub-regulation (1) to a protected person will adversely affect his concealment of identity, such consent shall not be granted and the protected person may, upon notifying the Commissioner, appoint an agent or attorney to enter into an agreement or assume a legal obligation on his behalf. Protected person in criminal matters 16. (1) A protected person whose identity has changed shall not appear before any court as: (a) An accused for an offence he committed before being protected; or (b) A witness in criminal proceedings whose subject matter took place before being protected. (2) Notwithstanding the provisions of sub-regulation (1), where, in the interests of justice, a protected person whose identity has been concealed should appear in court as an accused or a witness, the court may, upon application by the Director of Public Prosecutions, a Prosecutor of te Anti-Corruption Commission, an accused or a witness, order the appearance of the protected person before the court. (3) Notwithstanding sub-regulation (2), the court shall

6. (c) His parent or guardian unreasonably withholds consent for a protection agreement or is unable to give his consent. (2) A special protection agreement entered into under this regulation shall be submitted for approval to the Court within fourteen days from the date of signing such agreement. (3) The Court to which a special protection agreement is submitted under this regulation may set aside, approve or amend the special protection agreement by giving due consideration to the best interest of the child. (4) Where the Court sets aside the special protection agreement, the Commission shall accordingly discharge the child from protection. Obligations of protected person 7. (1) A protected person shall- (a) Provide accurate and complete information or evidence for investigation or prosecution of the case which is the subject matter of the protection agreement; (b) Provide necessary information as to his identity and address; (c) Refrain from activities that may impede the protection measure; (d) Accept and implement orders and directives relating to the protection; (e) Inform the Commission of any criminal charge brought against him or deprivation of rights while under protection; (f) Agree to be under surveillance protection; and (g) Carry out other obligations as deemed fit and necessary by the Commission .

12. conduct the proceedings under this regulation in such a way that the appearance of the protected person may not render the protection ineffective. Interrogation and investigation of protected person 17. Where a Competent Authority requires a protected person for purposes of interrogation or investigation it may proceed to interrogate or investigate the protected person provided that such interrogation or investigation shall not compromise his protection or render his protection ineffective. Protected person in civil suit 18. (1) A protected person may, where it is deemed necessary and with the consent of the Commissioner, appear as a party or witness in a civil proceeding in his original identity. (2) Where, in the opinion of the Commissioner, the appearance of a protected person in a civil proceeding in his original identity may prejudice his protection, he may direct that such person be represented by his attorney. (3) Where a protected person is a judgment debtor, the Commissioner shall ensure that the disclosure of his property and other interest is made available in its original identity to the judgment holder and the court for the purpose of execution. Restoration of original identity 19. (1) The Commissioner may, upon notifying the protected person, restore the original identity of a protected person where he is satisfied that: (a) The time prescribed in the protection agreement or the certificate of concealment has expired; or (b) Protection measures other than change of identity is sufficient to ensure the security of the protected person: (2) A protected person shall, upon restoration of his original identity, return the new personal identification and other related documents to the Commissioner.

9. (d) Provision of immunity from prosecution for a corruption offence for which a person renders information or testifies; (e) Prohibition of an accused person from reaching the protected person ’ s residence, work place or school before or after a final judgment is delivered on a case for which information or evidence is rendered; (f) Subject to Subsections (1) and (2) of Section 83 of the Act, and at any stage of a trial ensure the hearing of evidence in camera, behind the screen or in disguising identity; (g) Production of evidence by electronic devices or any other method; (h) Voice and face distortion techniques; or (i) Any other measures that may be appropriate in the circumstances of the case. (2) Where the Commission intends to execute a protection measure and it becomes necessary to request the assistance of any person, institution or authority, it shall do so and such request shall operate as an obligation on the person, institution or authority to provide the assistance requested. Determining types 12. In determining the type of protection measures protection to be employed in protecting a whistleblower or a measures witness, the following shall be taken into account- (a) The nature of the imminent danger to which a person is exposed; (b) Whether or not a person that is likely to be protected has a criminal record; (c) Whether or not the intended protection measure entails a risk to the public; (d) The damage that the intended protection measure may cause to the rights and lawful benefits of another person;

5. Decision on application for protection 4 (1) Where an application for protection is made to the Commissioner, the Commission shall within fourteen days upon receipt of the application, make a decision on such application (2) The Commission may, pending a decision on an application for protection, take urgent protection measures as it deems fit where it believes that the danger reported in the application is likely to occur to the life or property of the applicant or a person who is closely related to him. (3) Where the Commission denies the application for protection, it shall notify the applicant in writing and shall furnish reasons for its decision. (4) A person who is aggrieved by the decision of the Commission made under this regulation may, within fourteen days from the date of the decision, appeal to the Commissioner and may include in his appeal any other or further information for the purposes of his appeal. Protection agreement 5 (1) Where the Commission is of the opinion that an applicant deserves protection, it shall, within seven days effective from the date of its decision, enter into a protection agreement with the applicant. (2) A protection agreement under this regulation shall come into force on the date of signing. (3) Where the protected person is a child, the protection agreement shall be entered into by a parent, guardian or social welfare officer as the case may be. (4) Where a protection agreement entered into in accordance with sub-regulation (3) continues to subsist after the protected person attains the age of majority, he may conclude the agreement personally. Special protection agreement 6 (1) Notwithstanding sub-regulation (3) of regulation 5, the Commission may enter into a special protection agreement with a social welfare officer on behalf of a child where- (a) The child is giving information or evidence against his parent or guardian; (b) His parent or guardian cannot be found; or

4. ‘ Whistleblower ’ is a person who, in public interest, has made or intends to make a disclosure of any information on the commission of a corruption offence or the potential commission of corruption offence; and PART II DISCLOSURE AND APPLICATION FOR PROTECTION Procedure when disclosure is made 2. Notwithstanding Section 81 of the Act, where a whistleblower makes a protected disclosure to a competent authority he shall record such information in writing and shall thereby be obligated to- (1) Advise and guide the whistleblower to make the protected disclosure known to the Commission, and (2) Inform the Commission of the protected disclosure. Application for protection 3. (1) Subject to the provisions of sections 81 and 82 of the Act, where a whistleblower or a witness has reasonable belief that, due to his disclosure of an information regarding the commission of a corruption offence, he is very likely to suffer harm or danger, he may apply for his protection to the Commission. (2) An application for the protection of a whistleblower or a witness shall contain: (a) Information as to the identity and address of the applicant; (b) The disclosure related to the whistle blowing, evidence or investigation as the case may be; (c) A statement of the danger that the applicant may sustain; and (d) Any other information that may be required by the Commission.

10. (e) The health and living conditions of a person that is likely to be protected; (f) Competence of a person that is likely to be protected to adapt himself with the intended protection measure; (g) Cost to be incurred for the protection; (h) The relationship of the person that is likely to be protected with other protected persons; (i) Obligations and limitations imposed on the person that is likely to be protected; and (j) In the case of a child, the best interests of the child seeking protection. Concealment of identity and Property 13. (1) Where the Commission intends to conceal the identity of a whistleblower or witness, it shall issue a certificate of concealment to the whistleblower or witness and such certificate of concealment shall state the duration of the concealment and the terms thereto. (2) Where the terms of the concealment include the assumption of a new identity, the Commission shall cause the particulars or the original and the new identity of the protected person to be entered in the Register designed for such purpose and such Register shall be kept in such a way that unauthorized persons may not trace the original identity of the protected person from the new identity or vice versa. (3) Notwithstanding the provisions of sub-regulation (1), in effecting the protection of a whistleblower or a witness, the concealment of identity shall not- (a) Affect the rights of third parties, marriage, paternity or maternity; or (b) Be used for issuance of a professional certificate that a whistleblower or witness does not rightly possess. Issuance of new personal documents 14. Any institution that is authorized to issue identification and other related documents shall issue appropriate new documents to the protected person on

8. (f) Where the circumstances that necessitated the protection ceases to exist prior to the expiry date of the agreement; or (g) Upon the death of the protected person. (2) Where the Commission is of the opinion that a protection agreement should be terminated, it shall notify the protected person of the time and reason for the termination. (3) Where the protected person fails to submit his opinion within fourteen days from receipt of the notification issued under this regulation or where the opinion he has submitted is not untenable, the Commission shall nonetheless terminate the protection agreement and notify the protected person accordingly (4) Where a protection agreement is terminated, the Commission shall notify the relevant person or persons of the termination. Extension of protection agreement 10. (1) A protected person may apply to the Commission for an extension of a protection agreement. (2) A protection agreement or special protection agreement entered into under these Regulations may be extended- (a) Upon application by a protected person, parent, guardian or social welfare officer; and (b) Where, after considering the application, the Commission is satisfied that the threat or danger which necessitated the protection still exists or another potential threat or danger exists. PART III PROTECTION MEASURES Types of protection measures 11. (1) The following measures of protection may be employed by the Commission in protecting whistleblowers and witnesses- (a) Physical protection of a person, his residence and property; (b) Concealment of identity of a person and ownership of any of his property; (c) Relocation;

7. (2) Notwithstanding the provision of this regulation, where the protected person is a child, a parent, guardian or social welfare officer shall ensure compliance with the requirements of sub-regulation (1). Obligations of the Commission 8. The Commission shall- (a) Uphold the right and freedom of the protected person to the extent that is deemed essential for his protection; (b) Notify the protected person in advance to refrain from any activity that may impede the protection measure; (c) Inform the protected person of the basic needs to be provided to him; (d) Ensure that the protected person gets necessary counseling services while under protection; (e) Cover relocation costs where the protection measure entails relocation of the protected persons; and (f) Take all necessary measures to ensure the effectiveness of the protection measures under the protection agreement. Termination 9. (1) An agreement entered under these Regulations ha shall be terminated- (a) Upon the expiration of the validity period fixed in the agreement; (b) Where the protected person voluntarily renounces the agreement; (c) Where a child, upon attaining majority, refuses to consent to the continuation of the agreement in accordance with these Regulations; (d) Where the conduct of the protected person renders ineffective the protection measure of himself or others; (e) Where the protected person violates his obligation to provide accurate and complete information;

14. Criteria for determination of reward 22. In determining the reward to be issued to the whistleblower, the Commission shall take into consideration the following- (a) The significance of the information provided by the whistleblower; (b) The available resources of the Commission; (c) The degree of assistance provided by the whistleblower and any legal representative of the whistleblower; (d) Law enforcement interests; (e) Originality of information; (f) Culpability; and (g) Unreasonable reporting delay Procedure for issuance of reward 23. For the purposes of issuing a reward, the Commission shall require a whistleblower to submit all necessary information that will enable the Commission to effect the issuance of the reward. Denial of reward 24. A person shall not be rewarded as a whistleblower where- (a) In the opinion of the Commissioner, the disclosure was not made in the public interest; (b) At the time of the disclosure or immediately thereafter, the whistleblower is convicted of a criminal offence relating to an action for which he otherwise could have disclosed or reasonably had the capacity to disclose; or (c) The whistleblower gained the information through the performance of an audit of financial statements required under any law. PART V OFFENCES Offences relating to protected persons 25. A protected person who- (a) Knowingly fails to provide true, accurate or complete information or evidence to a case which is the subject matter of the protection agreement;

3. THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS, 2025 PART I INTERPRETATION Interpretation 1. In these Regulations, unless the context otherwise requires- “ Act ” means the Anti-Corruption Act (No. 12 of 2008) as amended; “ Child ” means any person below the age of eighteen years; “ Competent authority ” means- (a) The head or senior person of a public institution; or (b) The employer of a whistleblower, or an institution, or the head or senior person of an institution or any person of authority in relation to a whistleblower; “ Court ” means the High Court of Sierra Leone. “ Detriment ” means anything done or omitted to be done that causes disadvantage, loss or harm to a whistleblower, his relative or interest; “ Protection agreement ” means an agreement or an addendum to an agreement made between the Anti-Corruption Commission and a whistleblower or witness or his representative or any other person for the purposes of ensuring the protection of a whistleblower or witness; “ Protected disclosure ’ means any disclosure of information made in the public interest that is related to corruption or corrupt practice. “ Protected person ” means a whistleblower or witness who enters into an agreement with the Commission for protection under these Regulations; “ Relevant person ” includes an employer, a public authority, a regulator or any other person in a position of authority or advantage in relation to a whistleblower or witness; “ Special protection agreement ” means an agreement made with a child above the age of 14 through his parent or guardian;

1. STATUTORY INSTRUMENT Supplement to the Sierra Leone Gazette Vol. ...... STATUTORY INSTRUMENT NO. --- The Anti-Corruption Act, 2008 (Act No. 12 of 2008) as amended (Act No. 9) in 2019 THE WHISTLEBLOWER AND WITNESS PROTECTION REGULATIONS In the exercise of the powers conferred on it by Section 140 of the Anti- Corruption Act, 2008 (as amended in 2019) the Commission hereby makes the following regulations- PART I 1. Interpretation PART II DISCLOSURE AND APPLICATION FOR PROTECTION 2. Procedure when disclosure is made 3. Application for protection. 4. Decision on application for protection 5. Protection agreement. 6. Special protection agreement. 7. Obligations of protected person 8. Obligations of the Commission 9. Termination of agreement 10. Extension of protection agreement PART III PROTECTION MEASURES 11. Types of protection measures 12. Determining types of protection measures 13. Concealment of identity and property 14. Issuance of new personal documents 15. Consent for entering into legal obligation 16. Protected person in criminal matters 17. Interrogation and investigation of protected person 18. Protected person in civil suit 19. Restoration of original identity PART IV REWARDS AND COMPENSATION 20. Issuance of reward